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Books on the topic 'Jurisprudence transnationale'

Author: Grafiati

Published: 4 June 2021

Last updated: 6 February 2022

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1

Vagts, Detlev F. Transnational business problems. 2nd ed. Foundation Press, 1998.

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2

Transnational business problems. Foundation Press, 1986.

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3

Dodge, William S., 1964- author, Koh, Harold Hongju, 1954- author, and Buxbaum, Hannah L. 1966- author, eds. Transnational business problems. Foundation Press, 2014.

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4

1964-, Dodge William S., and Koh Harold Hongju 1954-, eds. Transnational business problems. 4th ed. Foundation Press, 2008.

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5

Vagts, Detlev F. Transnational business problems. 3rd ed. Foundation Press, 2003.

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6

Dessau, Christian. Nationale Aspekte einer transnationalen Disziplin: Zur rechtskulturellen Einbettung der Rechtstheorie in Finnland, Schweden und Deutschland zwischen 1960 und 1990. Duncker & Humblot, 2008.

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7

Ethical and legal requirements for transnational genetic research. C.H. Beck, 2010.

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8

Transnational Business Problems. West Academic, 2019.

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9

Thornhill, Chris. Sociology of Transnational Constitutions: Social Foundations of the Post-National Legal Structure. Cambridge University Press, 2018.

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10

Sociology of Transnational Constitutions: The Social Foundations of a Post-National Legal Structure. Cambridge University Press, 2016.

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11

Lawyering Europe European Law As A Transnational Social Field. Hart Publishing, 2013.

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12

Vittoria, Barsotti, Carozza Paolo G, Cartabia Marta, and Simoncini Andrea. II Constitutional Jurisprudence, 4 Key Rights and Freedoms. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780190214555.003.0004.

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Every constitutional system today presents major controversies and encounters significant challenges in the protection and guarantees of fundamental rights, and for that reason they constitute the most lively subject of transnational constitutional dialogue. The Italian Constitutional Court has a highly developed body of jurisprudence on fundamental rights, starting with its very first decision examining the validity of Fascist laws limiting freedom of expression. This chapter provides a broad overview of some of the constitutional principles that ground fundamental rights in Italian constitutional law, such as human dignity and equality, and then presents the Court’s case law in a selected set of problem areas: personal liberty; freedom of religion; protection of the family; reproduction; social rights; immigration. These are areas with which many other constitutional systems are struggling, and the Italian Court’s particular way of conceptualizing and addressing these issues provides a welcome new voice in the global dialogue.

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13

Vittoria, Barsotti, Carozza Paolo G, Cartabia Marta, and Simoncini Andrea. II Constitutional Jurisprudence, 7 National Constitutional Adjudication in the European Space. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780190214555.003.0007.

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This chapter traces the development of the Constitutional Court’s relationship to the European transnational space, specifically the European Union and the European Convention on Human Rights. It is a fascinating study in how the interactions between the three different but interrelated legal orders have generated what could be called a multilevel constitutional system—one that does not work on a hierarchically ordered scale, but that instead opens up the possibility of shaping a sort of European common law of constitutionalism. The importance of this topic is very apparent, not only for the rest of Europe, but even more for other constitutional courts needing to address their national legal systems’ relationships with supranational legal norms and institutions.

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14

Tamanaha, Brian Z. Legal Pluralism Explained. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190861551.001.0001.

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Legal pluralism involves the coexistence of multiple forms of law. This includes state law, international law, transnational law, customary law, religious law, indigenous law, and the law of distinct ethnic or cultural communities. Legal pluralism is a subject of discussion today in legal anthropology, legal sociology, legal history, comparative law, international law, transnational law, jurisprudence, and law and development scholarship. This book places legal pluralism in historical context going back to the Medieval period, describes the origins of legal pluralism in postcolonial countries and its implications today, identifies manifestations of legal pluralism within Western societies, discusses contemporary transnational legal pluralism, identifies problems with current theoretical accounts of legal pluralism, and articulates an approach to legal pluralism that avoids theoretical problems and is useful for social scientists, theorists, and law and development scholars and practitioners.

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15

Aloysius P, Llamzon. Part III Towards a Jurisprudence Constante in Investment Arbitration Decision-Making on Corruption, 10 State Responsibility for Corruption: The Attribution Asymmetry. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780198714262.003.0010.

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This chapter examines the law on State responsibility for corruption. It argues that the application of the international law on responsibility to transnational corruption issues in investment arbitration should involve bringing States to account for the fulfilment of their national and international anti-corruption obligations, before the issue is allowed to be used for mostly exculpatory reasons. Transnational corruption cannot be combated effectively by focusing and punishing only the foreign investor, which is only one side of the equation. Corruption-plagued states are doomed to repeat the failures of governance that have persisted in their public spheres so long as they are not asked to do more.

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16

Vittoria, Barsotti, Carozza Paolo G, Cartabia Marta, and Simoncini Andrea. Italian Constitutional Justice in Global Context. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780190214555.001.0001.

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This is the first book published in English to provide to an international audience a comprehensive examination of the Italian Constitutional Court (ItCC) and its principal lines of jurisprudence, historical origins, current engagement with transnational European law, organization, and procedures. In global constitutional dialogue, the voice of the ItCC has been entirely absent due to a relative lack of both English translations of its decisions and of focused scholarly commentary in English. The ItCC represents one of the strongest and most successful examples of constitutional judicial review, and is distinctive in its structure, institutional dimensions, and well-developed jurisprudence. Moreover, the ItCC has developed a unique voice among global constitutional actors in its adjudication of a broad range of topics from fundamental rights and liberties to the allocations of governmental power and regionalism. The goal of this book is to elevate Italian constitutional jurisprudence into an active participant role in global constitutional discourse and describe the “Italian style” in global constitutional adjudication. The authors have carefully structured the work to allow the ItCC’s own voice to emerge: it presents broad syntheses of major areas of the Court’s case law, provides excerpts from notable decisions in a narrative and analytical context, addresses the tension between the ItCC and the Court of Cassation, and situates the development, character, and importance of the ItCC’s jurisprudence in the larger arc of global judicial dialogue.

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17

Ziccardi Capaldo, Giuliana, ed. THE GLOBAL COMMUNITY YEARBOOK OF INTERNATIONAL LAW AND JURISPRUDENCE 2016. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190848194.001.0001.

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The 2016 edition updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. The Yearbook has established itself as an authoritative resource for research and guidance on the jurisprudence of UN-based tribunals and regional courts. The 2016 edition continues to provide expert coverage of the EU Court of Justice and diverse tribunals from the International Court of Justice (ICJ) to criminal tribunals such as the International Criminal Court (ICC) and the Tribunals for the Former Yugoslavia and Rwanda, to economically based tribunals such as ICSID and the WTO Dispute Resolution panel, to human rights courts such as ECtHR and IACtHR. This edition contains original research articles on the development and analysis of the concept of global law and the views of the global law theorists, such as the Editorial focusing on a new remedy for the violation of the jus cogens principle concerning the imprescriptibility of torture. This edition also includes expert introductory essays by prominent scholars in the realm of international law, on topics as diverse and current as the role of the WTO’s Appellate Body in interpreting the TRIPS Agreement and an examination of the EU Court of Justice data protection framework in light of the EU Charter of Fundamental Rights. Researchers will find detailed guidance on a rich diversity of legal topics, from an examination of the processes under which transnational criminal law norms have been adopted and the process under which these norms have been globally implemented, to the impact post-conviction DNA testing has had on the criminal justice system in the United States. This edition also provides students, scholars, and practitioners a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals and a section focusing on the thought of leading international law scholars on the subject of the globalization.

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18

Stone Sweet, Alec, and Clare Ryan. A Cosmopolitan Legal Order. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825340.001.0001.

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The book provides an introduction to Kantian constitutional theory and the European system of rights protection. Part I sets out Kant’s blueprint for achieving Perpetual Peace and constitutional justice within and beyond the nation state. Part II applies these ideas to explain the gradual constitutionalization of a Cosmopolitan Legal Order: a transnational legal system in which justiciable rights are held by individuals; where public officials bear the obligation to fulfil the fundamental rights of all who come within the scope of their jurisdiction; and where domestic and transnational judges supervise how officials act. The authors then describe and assess the European Court’s progressivie approach to both the absolute and qualified rights. Today, the Court is the most active and important rights-protecting court in the world, its jurisprudence a catalyst for the construction of a cosmopolitan constitution in Europe and beyond.

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19

Aloysius P, Llamzon. Part III Towards a Jurisprudence Constante in Investment Arbitration Decision-Making on Corruption, 11 Concluding Chapter: Legal and Policy Tensions Underlying Anti-Corruption Decision-making. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780198714262.003.0011.

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This chapter discusses the competing policy goals that vie for supremacy in every decision made by investment arbitrators concerning corruption. It considers all the policies that underpin the system of international investment arbitration — investor protection, good governance, and economic development — vis-à-vis international anti-corruption norms, leading to the proposal of an alternate typology for transnational corruption that may better assist arbitrators in the resolution of difficult corruption-related issues.

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20

Rodenhäuser, Tilman. Organized Armed Groups in Contemporary International Practice. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198821946.003.0004.

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Chapter 3 suggests that IHL requires non-state entities to fulfil three criteria to form a party to a non-international armed conflict: a group needs to be (1) a collective entity with (2) the ability to ensure respect for basic humanitarian norms, and (3) the capacity to engage in sufficiently intense violence. This chapter discusses how these broad criteria have been interpreted and also develops new ways of how they should be understood in light of the variety of groups engaged in contemporary armed conflicts and the increasing fragmentation of groups. Instead of simply recounting factors established in international jurisprudence, this chapter reconsiders these factors’ actual relevance and shows how they can be helpful in proving the three identified criteria. In its final part, Chapter 3 applies the identified criteria to two specific cases: transnational armed groups such as the Islamic State Group, and cyber groups such as Anonymous.

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21

Banu, Roxana. Universalism Versus Uniformity. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198819844.003.0008.

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This chapter focuses on the way in which relational internationalists referenced the transnational context of individual interests and how the pursuit of order and uniformity fits within the relational internationalist perspective. It is commonly assumed that all nineteenth-century individual-centered theories, especially Savigny’s, pled for an intransigent pursuit of order and uniformity. However, this chapter argues that this was rather the main motivation of state-centered theories focused on an analogy between PrIL and PublIL, and of individualistic theories focused on individual liberty. By emphasizing how their reconstruction of jus gentium and natural law was placed alongside their insistence on the particularity of each people, this chapter shows that the universalistic ideology of the relational internationalist authors referenced throughout this book is, in fact, considerably more fluid and more restrained than that of state-centric or individualistic authors. Furthermore, this chapter brings the relational internationalist perspective in conversation with twentieth-century German interest jurisprudence.

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22

Disch, Lisa, and Mary Hawkesworth, eds. The Oxford Handbook of Feminist Theory. Oxford University Press, 2015. http://dx.doi.org/10.1093/oxfordhb/9780199328581.001.0001.

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The Oxford Handbook of Feminist Theory provides an overview of the analytical frameworks and theoretical concepts feminist theorists have developed to challenge established knowledge. Leading feminist theorists, from around the globe, provide in-depth explorations of a diverse array of subject areas, capturing a plurality of approaches. The Handbook raises new questions, brings new evidence, and poses significant challenges across the spectrum of academic disciplines, demonstrating the interdisciplinary nature of feminist theory. The chapters offer innovative analyses of the central topics in social and political science (e.g. civilization, development, divisions of labor, economies, institutions, markets, migration, militarization, prisons, policy, politics, representation, the state/nation, the transnational, violence); cultural studies and the humanities (e.g. affect, agency, experience, identity, intersectionality, jurisprudence, narrative, performativity, popular culture, posthumanism, religion, representation, standpoint, temporality, visual culture); and discourses in medicine and science (e.g. cyborgs, health, intersexuality, nature, pregnancy, reproduction, science studies, sex/gender, sexuality, transsexuality) and contemporary critical theory that have been transformed through feminist theorization (e.g. biopolitics, coloniality, diaspora, the microphysics of power, norms/normalization, postcoloniality, race/racialization, subjectivity/subjectivation). The Handbook identifies the limitations of key epistemic assumptions that inform traditional scholarship and shows how theorizing from women’s and men’s lives has profound effects on the conceptualization of central categories, whether the field of analysis is aesthetics, biology, cultural studies, development, economics, film studies, health, history, literature, politics, religion, science studies, sexualities, violence, or war.

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